Are eviction records public?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Eviction Records in New York: Are They Public?
If you are a tenant in New York, understanding whether eviction records are public is important for your privacy and future housing prospects. Eviction records can influence landlords' decisions and affect your ability to rent housing. This guide provides a detailed overview of eviction records in New York, their accessibility, and what you need to know as a tenant.
What Are Eviction Records?
Eviction records typically include court documents related to eviction proceedings filed against a tenant. This can involve:
- Petitions for eviction (also called warrants or summary proceedings)
- Court judgments regarding eviction
- Details of rental debt, violations, or lease breaches mentioned in filings
Are Eviction Records Public in New York?
Yes, eviction records in New York State are generally public records because court proceedings are a matter of public record. Specifically:
- New York’s housing court filings, including eviction cases, are accessible to the public unless sealed by the court.
- These records can be viewed in-person at housing court or sometimes online through court record databases, depending on the county.
How Can One Access Eviction Records?
- In-Person Access: Most eviction cases are filed in New York’s housing courts located in the county where the property is situated. Anyone can visit the courthouse and request to view these records.
- Online Access: Many counties in New York offer online access to court case information, often through the New York State Unified Court System’s eCourts system or county-specific portals. Search options typically include party names or case numbers.
- Third-Party Screening Companies: Commercial tenant screening agencies compile eviction records from public databases. These reports are commonly used by landlords during tenant application reviews.
What Types of Eviction Records Are Public?
- Petitions and Complaints: The initial filings that start the eviction process.
- Court Hearings and Decisions: Transcripts and judgments made during the eviction trial or hearing.
- Warrants of Eviction: Official court orders that authorize enforcement of eviction.
- Dispositions: Outcomes of eviction cases, including whether eviction was granted or dismissed.
Can Eviction Records Be Sealed or Expunged in New York?
Generally, eviction records remain public. However, under some circumstances, there are limited ways to mitigate their public availability or impact:
- Vacating Judgments: If a tenant successfully contests the eviction and obtains a vacatur or dismissal, the case outcome reflects that no eviction occurred. The record of dismissal remains but signals a favorable result to the tenant.
- Sealing Records for Certain Cases: Courts may seal certain juvenile or family court records, but eviction cases in housing court do not typically qualify.
- New Laws Affecting Reporting: Recent tenant protections limit the use of eviction filings without a judgment against the tenant when screening applications, but they do not remove records from public access.
Impact of Public Eviction Records on Tenants
- Rental Applications: Landlords frequently review eviction records during tenant screening. A past eviction filing, especially with a judgment against the tenant, may lead to denial of housing applications.
- Credit and Background Checks: Evictions reported to tenant screening databases can affect creditworthiness and rental prospects.
- Reputation and Privacy: Publicly accessible records may impact a tenant’s privacy and reputation.
New York Tenant Protections Related to Evictions
New York offers certain protections designed to limit the negative impact of eviction records:
- Law Against Discrimination Exceptions: Landlords cannot discriminate based solely on past eviction filings without a judgment.
- Tenant Blacklist Regulations: New York prohibits landlords from using eviction filings dismissed without a judgment to deny housing.
- Sealing of COVID-19 Related Cases: Some eviction filings related to non-payment impacted by COVID-19 may be sealed or dismissed under specific relief programs, improving tenant privacy in those cases.
What Should Tenants Do Regarding Eviction Records?
- Respond Promptly to Eviction Filings: Ignoring eviction notices can result in default judgments, making records more damaging.
- Keep Documentation: Maintain records showing rent payments, lease compliance, or settlements to contest or mitigate eviction claims.
- Request Record Review or Corrections: Erroneous eviction filings can sometimes be corrected or clarified through court motions.
- Seek Legal Assistance: Consulting with tenant advocacy groups or legal counsel can help understand rights and navigate the court system effectively.
Summary
In New York, eviction records are public documents accessible through housing courts and various online platforms. They include petitions, court judgments, and warrants related to eviction proceedings. While these records generally remain public, tenants should be aware of their rights, protections, and options to minimize the impact on future housing. Staying informed and proactive is essential for tenants facing eviction to protect their housing opportunities and privacy.
For further information or assistance, tenants may consider contacting local tenant resource centers or the New York State Division of Human Rights for guidance regarding eviction records and tenant rights.